Promoting Enmity Between Groups Under the BNS (Section 196): IPC 153A Mapping (2026)
What promoting enmity between groups means under Section 196 of the Bharatiya Nyaya Sanhita, 2023, the old IPC Section 153A it replaced, the punishment, and what changed. Last verified October 2026.
Explainer · BNS · New Criminal Code
Promoting enmity between groups is an offence under Section 196 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced Section 153A of the Indian Penal Code (IPC). It punishes words or acts that promote hatred between groups on grounds such as religion, race, language, caste or community, or that harm public harmony. The punishment is up to three years, or fine, or both, and up to five years if done in a place of worship. Last verified October 2026.
- Section: promoting enmity between groups is BNS Section 196.
- Old law: it replaced Section 153A of the IPC.
- What it covers: promoting hatred between groups on grounds such as religion, race, language, caste or community, including through electronic communication, and acts prejudicial to harmony.
- Punishment: up to 3 years, or fine, or both; up to 5 years and fine if committed in a place of worship.
- Tracking: Claw searches and tracks Section 196 matters across 9,102 courts, benches and forums.
01What Section 196 of the BNS covers
Section 196 of the BNS protects public harmony. It punishes conduct that sets one group against another, or that is likely to disturb peace between groups.
In plain terms, a person commits the offence who:
- by words, spoken or written, by signs, by visible representation, through electronic communication or otherwise, promotes or attempts to promote disharmony or feelings of enmity, hatred or ill-will between different groups on grounds of religion, race, place of birth, residence, language, caste, community or any other ground;
- commits an act prejudicial to the maintenance of harmony between groups, which disturbs or is likely to disturb public tranquillity; or
- organises or takes part in any exercise, movement, drill or similar activity intending that participants use or train in criminal force or violence against any group, or knowing it is likely that they will.
Electronic communication is named
Section 196 expressly includes promoting enmity "through electronic communication". This puts online posts, messages and videos clearly within the offence, which reflects how most such conduct now spreads.
The focus is on promoting enmity or disturbing harmony. A prosecution normally needs the sanction of the Government before a court takes cognizance, as was the position under the old law.
02Old to new: IPC Section 153A to BNS Section 196
Promoting enmity between groups was Section 153A of the Indian Penal Code. The BNS carries it into Section 196, with the same grounds and much the same structure, and adds electronic communication.
| Topic | Old law (IPC) | New law (BNS) |
|---|---|---|
| Promoting enmity between different groups | Section 153A | Section 196 |
A matter for an act on or after 1 July 2024 uses Section 196 of the BNS. An older matter stays under Section 153A of the IPC. See the IPC to BNS section mapping for the full table.
03Punishment and classification
Section 196 sets a basic punishment and a higher one where the offence is committed in a place of worship.
| Situation | Punishment |
|---|---|
| Basic offence | Imprisonment up to 3 years, or fine, or both. |
| Offence committed in a place of worship, or during a religious ceremony or worship | Imprisonment up to 5 years and fine. |
Promoting enmity between groups is a serious public order offence. It is cognizable, so the police can register a first information report and investigate, and it is non-bailable, so bail is decided by the court. It is generally triable by a Magistrate.
Section 196 punishes stirring up hatred between groups on grounds like religion, race or language, including online, and it treats the same words spoken in a place of worship as more serious.
04What changed from the old law
The core of the offence is carried over from Section 153A of the IPC. The grounds, religion, race, place of birth, residence, language, caste and community, the idea of acts prejudicial to harmony, and the higher punishment in a place of worship, all remain.
Two things to note. First, the number is new: cite Section 196 of the BNS for an act on or after 1 July 2024. Second, the section expressly names electronic communication as a way of committing the offence, which makes it plain that online speech is covered. The case law under Section 153A remains useful because the substance is carried forward.
Related public order offences include unlawful assembly and rioting under BNS Sections 189 and 191. For the wider reform, see the new criminal laws of 2024.
05Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Cases under Section 196 often involve several first information reports across districts and states over the same speech or post, and they move quickly. An advocate needs to see how Section 196, and the old Section 153A, have been read, and to keep track of each matter. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore and more judgments and results in under 5 seconds. You can pull up how courts have treated promoting enmity charges, and follow a live matter with automatic updates, cause lists and alerts.
Claw does not file your case or give legal advice, and Claw does not use customer case documents to train AI models. Create a FREE Claw account to search and track cases under this section by party or advocate name.
This explainer is general information, not legal advice.
06Sources and further reading
- India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Section 196 BNS, bare text reference: devgan.in
- Claw: clawlaw.in
Always read the section as it stands on the day you act, and take advice from counsel. The law changes through amendments and judgments.
07Frequently asked questions
What is Section 196 of the BNS?
Section 196 of the Bharatiya Nyaya Sanhita, 2023 punishes promoting enmity or hatred between different groups on grounds such as religion, race, place of birth, language, caste or community, and acts prejudicial to harmony. It replaced Section 153A of the IPC.
Which IPC section did BNS 196 replace?
It replaced Section 153A of the Indian Penal Code, which dealt with promoting enmity between different groups. The BNS carries the offence forward and expressly adds electronic communication.
What is the punishment under Section 196?
The basic punishment is imprisonment up to three years, or fine, or both. Where the offence is committed in a place of worship, or during a religious ceremony, the punishment is imprisonment up to five years and fine.
Does Section 196 cover online posts?
Yes. Section 196 expressly includes promoting enmity through electronic communication, which brings online posts, messages and videos clearly within the offence.
Is promoting enmity cognizable and bailable?
It is a cognizable offence, so the police can register an FIR and investigate, and it is non-bailable, so bail is decided by the court. It is generally triable by a Magistrate. Confirm the exact status from the current BNSS First Schedule.
Can I track a Section 196 case in Claw?
Yes. Claw lets you search and track cases, orders and judgments under Section 196, or the old Section 153A, by section, party or advocate across 9,102 courts, benches and forums, with results in under 5 seconds. It tracks the matter but does not file the case or give legal advice.